The born alive rule is satisfied by any indicia of independent life, including a heartbeat alone or breathing with mechanical ventilation assistance. Unassisted breathing is not required. The statutory definition of death in s 33 of the Human Tissue Act 1983 (NSW) does not alter the common law concept of life for purposes of the born alive rule, and there is no requirement to prove brain function. Whether a child was born alive remains a question of fact.
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